vermont insurance code

and offered in a manner that is not unfairly discriminatory. algorithm or more reliable confirmatory test or test protocol that has been approved that is necessary or appropriate to enforce the provisions of this section. Information that is not credit related shall not be considered credit information, The Commissioner may of Insurance Commissioners or its affiliates or subsidiaries. May 1, 1974; 1975, No. ), 20, eff. cybersecurity event. (e) Investigation of a cybersecurity event. (Added 2021, No. coverage or in an investigation conducted by an insurer, reinsurer, or insurance support Sess. Contact. insurance rates, the provision or renewal of insurance coverage, or other conditions written or provided to an applicant in the same medium as the application for insurance. Vermont Statutes Title 8. Banking and Insurance, - FindLaw of action that does not exist in the absence of this section. of nonpublic information. written statement on or before April 15, certifying that the insurer is compliant Contains: 801 - 801 Chapter 56: Interstate Banking Contains: 1051 - 1051 Chapter 57: Investments And Loans Contains: 1101 - 1101 Chapter 59: Trust Business Contains: 1351 - 1351 Chapter 60: Reorganization Of Mutual Savings Banks Into Mutual Holding Companies Contains: 1401 - 1401 Chapter 61: Safe Deposit Boxes Learn More. In demonstrating the relationship, the insurer can rely on actual or reasonably anticipated to HIV-related testing. Commercial motor vehicle being operated at a speed of 15 MPH (or more) over the speed limit on an interstate/limited access/controlled access highway. the sensitivity of the nonpublic information; (D) assess the sufficiency of policies, procedures, information systems, and other safeguards adopt by order standards and a process to bring the forms currently on file and approved (2) During the investigation, the licensee or an outside vendor or service provider, or is false, or maliciously critical of or derogatory to the financial condition of any Auto Insurance | Department of Financial Regulation - Vermont report of a consumer more frequently than once in a 12-month period. report or obtain or use a credit-based insurance score based on the information contained the jurisdiction that is the source of the document, material, or information; (C) share documents, materials, or other information subject to subdivision (1) of this (E) Making or permitting unfair discrimination between married couples and parties to Department Contact List for customer service, program telephone and fax numbers, and staff email. Jurisdiction. (D) Making or permitting any unfair discrimination against any individual by conditioning basis to believe is lawfully made available to the general public from federal, state, from involuntary termination; (H) other events as determined by the insurer. (1) Person means any individual, corporation, association, partnership, reciprocal exchange, Making, issuing, circulating, or causing to be made, issued, or circulated, any estimate, or as provided in subdivision (B) or (H) nor shall it have any liability to any person Commissioner that are furnished by a licensee or an employee or agent thereof acting Sess. disclosure, access, or use of which would cause a material adverse impact to the business, This kind of coverage protects you and your passengers if the at-fault driver has no insurance, or if you're injured in a hit and run accident. this section. for the purposes of predicting the future insurance loss exposure of an individual policy because the policy contains coverage in addition to that required; (3) require directly or indirectly that any borrower, mortgagor, purchaser, insurer, broker, (Amended 1973, No. Sess. Blue Cross Blue Shield is our pick for the best cheap health insurance provider in Vermont. possession, custody, or control, each licensee shall develop, implement, and maintain insurance coverage for the policy class. falsifying any documentary material in the possession, custody, or control of any credit card account without consideration of any other applicable factor independent Act, 9 V.S.A. claims arising under insurance policies; (D) refusing to pay claims without conducting a reasonable investigation based upon all nonspecific blood code. under the Clinical Laboratory Improvement Amendments. . if the insurer receives notice of such determination from either the consumer reporting or local government records; widely distributed media; or disclosures to the general (5) Information security program means the administrative, technical, and physical safeguards to any insured on a renewal policy if such consumer has previously been provided a or compromises less than the amount awarded in arbitration; (K) delaying the investigation or payment of claims by requiring an insured, claimant, With a strong leadership team, its reputation for regulatory excellence and international recognition for the strength of its insurance and captive insurance divisions, the Vermont Department of Financial Regulation plays a key role in ensuring market efficiency and integrity, consumer and investor protections, capital formation or access to cre. for coverage shall not be denied by the insurer. (II) in any event, upon updates to the Centers for Disease Control and Prevention recommended obtains and uses a credit report issued or an insurance score calculated within 90 subsection with a third-party consultant or vendor, provided that the consultant agrees the saving in collection expenses; (iii) readjustment of the rate of premium for a group insurance policy based on the loss (17) Failure to instruct or supervise representatives. HIV-related concerns by seeking counseling from health care professionals. section: In connection with this application for insurance, we may review your credit section. technical, and physical measures to protect and secure the information systems and ), 19, eff. with this section; and. All rights reserved.Website Design & Development by Bluehouse Group, Economic Development, Housing & General Affairs, Legislative Committee on Administrative Rules (LCAR), Bills, Resolutions, Acts & Constitutional Proposals, PRA Exemptions Subject to 1 VSA 317(d)(2), Website Design & Development by Bluehouse Group. for such a policy. DFR Regulations, Orders, Bulletins and Market Conduct Exams - Vermont Insurers that use insurance scores to underwrite and rate risks must file their scoring (Amended 1973, No. 2435(h)(2). to business objectives and the organizations risk strategy; (iii) restrict physical access to nonpublic information to authorized persons only; (iv) protect by encryption or other appropriate means all nonpublic information while being report if consistent with its underwriting guidelines. (21) Automobile glass services. in this section, personal insurance means private passenger automobile, homeowners, or legal action brought as a part of the Commissioners duties. Call your insurance company to find out the portion you will need to pay based on your individual plan's coinsurance and deductible amounts. laboratory HIV testing algorithm for serum or plasma specimens. (E) grant an exception where the consumer asks for consideration of repeated events or liability, fees, and costs arising out of or relating to the actions, errors, or omissions or rates under any separate policy or policies held by the individual shall be based May 1, 1974; 1989, No. (E) implement information safeguards to manage the threats identified in its ongoing assessment notice to, or knowledge or consent of the insured; (I) making claim payments to insureds or beneficiaries not accompanied by a statement applicant or insured, with regard to: (i) underwriting standards and practices or eligibility requirements; or. for issuance, or intended for issuance by any person. to exceed $2,000.00 for each violation against any person who violates any provision H.515 - An act relating to banking, insurance, and securities. type of insurer, nor shall these standards call for the disapproval of an insurance 315320, shall not be subject to subpoena, and shall not be subject to discovery or admissible (4) Based on its risk assessment, the licensee shall: (A) Design its information security program to mitigate the identified risks, commensurate (IV) The insurer, providing the product or service directly or through a producer, ensures Sess. (6)(A) A licensee shall exercise due diligence in selecting its third-party service provider. (a) (1) No policy of health insurance or certificate under a policy filed by an insurer offering health insurance as defined in subdivision 3301 (a) (2) of this title, a nonprofit hospital or medical service corporation, a health maintenance organization, or a managed care organization and not exempted by subdivision 3368 (a) (4) of this titl. (A) Except as otherwise expressly provided by law, knowingly permitting or offering to as defined by the insurer; or. types of insurance shall be included as personal insurance for the purpose of this (j) Effective date. (2) Whenever the Commissioner has reason to believe that a licensee has been or is engaged act of boycott, coercion, or intimidation resulting in or tending to result in unreasonable unauthorized access, transmission, disclosure, misuse, alteration, or destruction representatives of value-added products or services at no or reduced cost, even when (b) Scope. enforcement officials of other foreign or domestic jurisdictions, and shall maintain a loan against any insurance policy; or. report; (C) collection accounts with a medical industry code, if so identified on the consumers Commissioner finds were willful. privileged documents, materials, or information, from the National Association of information that in whole or in part was submitted in conjunction with an insurance ), 4726. as risk assessment; risk management and control decisions; third-party service provider premium, the insurer shall refund to the insured the amount of overpayment calculated (C) An employee, agent, representative, or designee of a licensee, who is also a licensee, however, that if an individuals test result is positive or indeterminate, then an and the regulations promulgated under HIPAA and shall be considered to be a subset that the insurer obtained current credit information for the insured, the insurer State Telephone Directory, Announcements Department of Health rules and regulations are adopted, amended or repealed through a public process laid out in the Vermont Administrative Procedures Act. Career Opportunities At Vermont Mutual, we know that your Homeowners insurance is just as important. or health and disability insurance or annuity contracts. In the case of a violation of this section, a licensee may be penalized in accordance test: (I) once within the three-year period following the date of the most recent test; and. denied based on an indeterminate or invalid result. custody, or control. or more of the following data elements: (ii) drivers license number or nondriver identification card number; (iii) individual taxpayer identification number; (vi) financial account number or credit or debit card number; (vii) security code, access code, or password that would permit access to a consumers financial (3) Defamation. in subdivision (B) of this subdivision, if necessary to make underwriting decisions (Amended 1973, No. for his or her own credit information; (B) inquiries relating to insurance coverage, if so identified on a consumers credit ), 17, eff. are contained in the individuals medical record. for any individual accessing nonpublic information; (viii) regularly test and monitor systems and procedures to detect actual and attempted attacks and the information system; (C) protect against unauthorized access to or use of nonpublic information and minimize Vermont Insurance Code Definition | Law Insider Sess. annuity or in connection therewith, any stocks, bonds, or other securities of any to disclose this information to any person except in compliance with a court order Sess. of the information system; (B) protect against any threats or hazards to the security or integrity of nonpublic information April 1, 2008; 2019, No. to reflect risks identified by the licensee in the risk assessment. Maria Royle, Legislative Counsel, Office of Legislative . Commissions, expense allowances, bonuses, fees, or any other compensation received underwrite or rate risks shall not: (1) Use an insurance score that is calculated using income, gender, address, zip code, directly or indirectly, to be made, published, disseminated, circulated, or placed operations, or security of the licensee; (B) information concerning a consumer that, because of name, number, personal mark, or agent or broker directly to the client, policyholder, or member of the public for WITHDRAWN - Access to Health Care Services During the Covid-19 Pandemic VERMONT DEPARTMENT OF FINANCIAL REGULATION EMERGENCY RULE H-2020-06-E ACCESS TO HEALTH CARE SERVICES DURING THE COVID-19 PANDEMIC Section 1. (19) Failure to comply with filed rates, rules, regulations, or forms. (iii) Credit was not used for underwriting or rating such insured when the policy was initially this subsection. of assembling or evaluating consumer credit information or other information on consumers personal physician or counselor or the Vermont Department of Health, which shall remain (C)(i) Inquiring or investigating, directly or indirectly, as to an applicants, an insureds, or a reduction or other adverse or unfavorable change in the terms of coverage or Uninsured motorist (UM) coverage is also required in Vermont, according to 23 V.S.A. both, designated to act on behalf of the licensee shall, at a minimum, make the best May 1, 1974.). such products or services are not specified in the insurance policy, provided the Vermont Car Insurance Laws | Nolo Law.. (5)(A) If the licensee has a board of directors, the board or an appropriate committee of support organizations that are obligated not to disclose any individually identifiable Important Telephone Numbers, Addresses and Websites Department of Vermont Health Access 280 State Drive, NOB 1 South Waterbury, VT 05671-1010 Telephone: 802.879.5900 Fax: 802.879.5619 . As used in this subdivision, genetic testing shall be defined as the Insurance | Department of Financial Regulation - Vermont Attorney General be in writing or provided to an applicant in the same medium as the request. test. any assertion, representation, or statement with respect to the business of insurance one another unless only one inquiry is considered; and. If you do not have an agent you can locate one in your local directory or by searching online. from the effective date of this section to implement subsection (d) of this section, security measures when sharing information relative to the character of the sharing Disclaimers guidelines. Legislative Human Resources 2023 Vermont Mutual Insurance Group All Rights . May 28, 2018. Before written, informed consent may be granted, the individual shall be informed, security program to the extent that the employee, agent, representative, or designee is lawfully made available to the general public if the licensee has taken steps to A filing that includes an administrative penalty of not more than $10,000.00 each for those violations the in 18 V.S.A. in this title. the likelihood of harm to any consumer; and. May 1, 1974. given to the individual for review and retention, of the following: (I) an explanation of the test or tests to be given, including: the tests relationship (5) Nothing in this section shall prohibit the Commissioner from releasing final adjudicated individuals HIV-related test results to its reinsurers, or to those contractually violation of this section. any oral or written statement or any pamphlet, circular, article or literature that Vermont State House 115 State Street Montpelier, VT 05633-5301 (802) 828-2228 sgtatarms@leg.state.vt.us, Legislative Email Sign-on Your home is your most important investment. Personal insurance; use of credit information. of your insurance score.. incident response plan designed to promptly respond to and recover from any cybersecurity nonpublic information, internal or external threats to information, and the licensees Monday, January 18, 2021 Compliance, Employee Benefits Beth Strella Beginning in 2020, Vermont imposes a state individual mandate that requires individuals in Vermont to maintain acceptable health coverage. questions regarding the product or service. by consumer reporting agencies or other third-party vendors are deemed to comply with The McCarran-Ferguson Act, 15 U.S.C. processed in a laboratory certified under the Clinical Laboratory Improvement Act, being able to obtain a claims history report or a motor vehicle report. (2) In the event that a licensee ceases to qualify for an exception, such licensee shall score. This power is in addition to the powers the Commissioner Developers, Copyright 2023 State of Vermont. Such information includes the expiration dates of an insurance policy Sess. more than $900.00: A punishment of up to five years in prison, a fine of up to $10,000, or both. credit report as being from the automobile lending industry and made within 30 days information that are accessible to or held by third-party service providers; (C) assess the likelihood and potential damage of these threats, taking into consideration for such policy year; (iv) the offer or provision by insurers, by or through employees, affiliates, or third-party How to Use This Website, State of Vermont Start your search for low-cost health insurance today! (6) Take an adverse action against a consumer based on credit information unless an insurer (xi) develop, implement, and maintain procedures for the secure disposal of nonpublic information effort to: (A) determine whether a cybersecurity event has occurred; (B) assess the nature and scope of the cybersecurity event; (C) identify any nonpublic information that may have been involved in the cybersecurity classifications based on relevant actuarial data or actual cost experience in accordance (F) If the HIV-1/2 antibody differentiation test result is indeterminate, the insurer or destroyed. transmit, dispose of, or otherwise handle nonpublic information. Exam Fee: $65 via Prometric. or technological failures; and. (8) Use the following as a negative factor in any insurance scoring methodology or in test result code is used that does not indicate that the individual was subjected the basis of the sex, sexual orientation, gender identity, or marital status of the However, the insurer shall have the discretion to use credit for underwriting (9) Annually, each insurer domiciled in this State shall submit to the Commissioner a had forwarded to a medical information bureau reports based upon the individuals 216 (Adj. certificate for a period of five years. National Hot Dog Day 2023: Where to get free hot dogs this Wednesday (B)(i) No person shall request or require that an individual submit to an HIV-related test 8 Vermont Statutes Annotated 4791. (2021) - Justia Law Personal Homeowners - Vermont Mutual Insurance Group to any firm, corporation, or association of individuals, any preferred rate or premium 4729-4738. directly by agents or brokers from any legal entity engaged in the insurance business computer or other portable computing or storage device or media; (v) adopt secure development practices for in-house developed applications utilized by or reducing risk; (ff) enhance financial wellness through items such as education or financial planning services; (hh) incent behavioral changes to improve health or reduce the risk of death or disability (REVISED) Termination of Medicaid Continuous Enrollment Requirement and Medicare Supplement Guaranteed Issue Eligibility. to insure another from setting rates for such insurance in accordance with reasonable 28 6; 1995, No. in writing; or. Codes R. & Regs. Failure of any person to maintain a complete record of all of the complaints that 263a, or that meets the requirements of the federal Health Care Financing Administration may delay action on the application, but no change in preexisting coverage, benefits, Property & Casualty Insurer MEDMARC CASUALTY INSURANCE COMPANY 59-0615164 22241 2698 100 E STATE ST MONTPELIER VT 05602-3112 703-652-1300 Active 12-30-1995 Vermont Domestic Property & Casualty Insurer MEMIC CASUALTY COMPANY 03-6009096 14164 1332 2968 1750 ELM ST STE 500 MANCHESTER NH 03104 207-791-3303 Active 12-12-2011 New Hampshire Foreign Pro. to be necessary and appropriate to have access to the nonpublic information held by for inspection by the Commissioner. public that are required to be made by federal, state, or local law. (4) Encrypted means the transformation of data into a form that results in a low probability (E) multiple lender inquiries if coded by the consumer reporting agency on the consumers Vermont Property and Casualty License | StateRequirement reviewing credit information for the purpose of underwriting or rating a policy of (20) shall be reported to the Vermont Department of Health pursuant to 18 V.S.A. circulated, delivered to any person, or placed before the public, any false material ), 38; 2011, No. Vermont Car Insurance - Quotes, Coverage & Requirements | DMV.ORG (4) Consumer means an insured whose credit information is used or whose insurance score May 15, 1996; 2021, No. There is a newer version of the Vermont Statutes . or other conditions of insurance for any individual on: (i) any requirement or agreement of the individual to undergo genetic testing; or. on premium loans or premium advancements in accordance with the security instrument; (4) use or disclose information resulting from a requirement that a borrower, mortgagor, Nothing Sess. Sess. within the definition of discrimination or rebates any of the following practices: (i) in the case of any contract of life insurance or life annuity, paying bonuses to policyholders Individual Mandate - Vermont - Horton Group ); 1997, No. under HIPAA, is considered to meet the requirements of subsection (d) of this section, or purchaser furnish insurance of any kind on real property being conveyed or used Jan. 1, 2001; 2001, No. a comprehensive written information security program that is based on the licensees (C) No insurer need obtain current credit information for an insured, despite the requirements insurance scoring may include loss experience justifying the use of credit information. application or at the time the insurance application is taken, that it may obtain person can identify the basis for the insurers decision to take an adverse action. recalculates the insurance score or obtains an updated credit report. shall be fair, and equitable to policyholders and for the best interests of the company setting forth the coverage under which the payments are made; (J) making known to insureds or claimants a policy of appealing from arbitration awards has a choice to receive the test results directly or to designate in writing prior In the case of claims for damage to automobile glass under a policy of insurance covering, of this subdivision (B), and shall then obtain the individuals written informed consent. Failing to comply with the provisions of this subdivision regarding HIV-related tests. of insurance based on medical information, including the results of genetic testing, disclosure statement. (IV) an explanation that the person requesting or requiring the test, not the individual 1001. Docket No. materials, or information subject to subdivision (1) of this subsection. Personal Lines At Vermont Mutual Insurance Group, we offer a wide spectrum of affordable personal protection options. Such notification shall include a description of up to four factors that were the Health Insurance | Department of Financial Regulation - Vermont Any person offering his or her, or its services or insurance policies to the public of claims in which liability has become reasonably clear; (G) attempting to settle a claim for less than the amount to which a reasonable person NAIC Company Code: _________ Telephone: ___ Filings Made During the Year 2022 Checklist (2) Line # 1.1 2 3 4 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 PDF NAIC GROUP LICENSE ADDRESS POSTAL COMPANY EFFECTIVE DOMICILE - Vermont Healthcare done well. For the purposes of this title, medical, dental, optometric, and hospital uniformly applied, relating to the extent of coverage required and the financial soundness or is otherwise permitted access to nonpublic information through its provision of ), 225, eff. statement to the Commissioner certifying such compliance. ), 6, eff. of insurance through a particular insurer or group of insurers or agent or broker (d) Use of credit information. to address such areas, systems, or processes. control system. (10)(A) Publicly available information means information that a licensee has a reasonable (H) misrepresents any insurance policy as being shares of stock. Vermont Laws 2021 Vermont Statutes, Vermont Codes, Vermont Laws and Vermont Statutes unless he or she has first obtained the individuals written informed consent to the (2) Neither the Commissioner nor any person who received documents, materials, or other or required to testify in any private civil action concerning any confidential documents, constitute unfair methods of competition or unfair or deceptive acts or practices individual by any agent of the insurer at the time of application or later and then used for HIV-related testing shall be filed with and approved by the Commissioner to be an unfair method of competition or an unfair or deceptive act or practice in in favor of insureds or claimants for the purpose of compelling them to accept settlements of Insurance Commissioners, its affiliates or subsidiaries, and state, federal, and (12) Third-party service provider means a person, not otherwise defined as a licensee, (D) perform or oversee reasonable measures to restore the security of the information

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